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EDEN ROC HOTEL, LTD. v. GILBERT

306 A.D.2d 50 (2003)

759 N.Y.S.2d 674

EDEN ROC HOTEL, LTD., Appellant, v. DAVID D. GILBERT, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 5, 2003.

Although plaintiff landlord was directed to offer defendant tenant a rent stabilized renewal lease pursuant to a 1982 order of the Conciliation and Appeals Board upheld on CPLR article 78 review, it has never done so. There was, accordingly, no basis for its claim that it was equitably entitled to retroactive rent increases. This was not a case in which the failure to offer a renewal lease was excusable, thus the inability of the...

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